ALI 2nd Vice President Douglas Laycock of the University of Virginia moderates the discussion of the Restatement Third, Employment Law. On Wednesday, May 22, the membership voted to approve Tentative Draft No. 6, containing Chapter 4 on employer liability for harm to employees; Chapter 7, Topic 2, dealing with employee personal autonomy; and Chapter 9 on remedies.
The Reporters plan to submit a Proposed Final Draft of the entire Restatement at the 2014 Annual Meeting. Seated at the dais: (from left) Chief Reporter Samuel Estreicher of New York University School of Law; Reporter Michael C. Harper of Boston University School of Law; and Matthew T. Bodie of St. Louis University School of Law.
Longtime ALI Council member William H. Webster, was accompanied by his wife, Lynda, (far left) as he received the Henry J. Friendly Medal. The former Director of both the FBI and the CIA, Judge Webster also served on the Court of Appeals for the 8th Circuit. Presenting the award was Chief Judge Merrick B. Garland of the U.S. Court of Appeals for the District of Columbia Circuit (second from right), who clerked for Judge Friendly. Judge Mary M. Schroeder of the 9th Circuit (far right) chaired the committee that selected Webster for the award.
In accepting the award, Judge Webster closed with a quote from Judge Learned Hand, who sat on the Second Circuit with Judge Henry Friendly.
"And he just said this, and it sums up, I think, how we all feel about this institution more than any other institution. He said: 'Descended to us, in some part molded by our hands, passed on to succeeding generations with reverence and with pride, we at once its servants and its masters, renew our fealty to the law.'"
The membership discussed the new project, Restatement Third, The Law of American Indians, with Reporter Matthew L.M. Fletcher of Michigan State University College of Law, Wenona T. Singel of Michigan State University College of Law (not pictured), and Kaighn Smith Jr. of Drummond Woodsum & MacMahon (not pictured).
Attorney Maureen E. Mahoney of the Supreme Court and appellate practice in the Washington, D.C., office of Latham & Watkins, delivered the speech at the closing luncheon. Among the issues she discussed was the recurring question of why so few women appear as advocates before the Supreme Court.
"In my own law firm really it is a meritocracy, and the lawyers who work the hardest and who learn the most are going to contribute the most to the law firm and they are going to be rewarded the most and they are more likely to be the partners, the equity partners, and I don't think we can say that is a bad thing. I mean, we want to live in a meritocracy. So what is the solution? I for one would not advocate that women put less value on their families or on mothering. Motherhood is a joy to be cherished, not a burden to be shed, and from my vantage point gender parity is not that important if you have equal opportunity, which I think we are approaching, so I want a different solution.
"I want men to value time with their children just as much as women do, and I know many of you do but on average you do not, and when that happens the competitive advantage that men currently have will dissipate because right now they have a competitive advantage because they will, you know, they will work more. It is going to dissipate and I think it is actually starting to happen.
To watch a video of Mahoney's speech, visit ALI's YouTube page.
Reporters Paul M. Schwartz of University of California, Berkeley School of Law, and Daniel J. Solove of George Washington School of Law, discussed a new project: the Restatement Third, Information Privacy Principles.
Tentative Draft No. 4 of Principles of the Law of Charitable Nonprofit Organizations, which consists of Chapter 5, Enforcement, Topic 2, Private Enforcement, and Topic 3, Charity's Costs, received approval by membership in a discussion moderated by Reporter Evelyn Brody of the Illinois Institute of Technology, Chicago-Kent College of Law and Dana Brakman Reiser (not pictured) of Brooklyn Law School.
The final session of the 2013 Annual Meeting was a discussion of the Restatement Third, Torts: Intentional Torts to Persons. ALI First Vice President Allen D. Black moderated with Reporters Ellen S. Pryor of UNT Dallas College of Law, (right) and Kenneth W. Simons of Boston University School of Law (not pictured) on the panel.